Think Secret Enlists Help to Fight Apple

By David Worthington | Published January 20, 2005, 9:52 PM

Mac rumor site Think Secret has thrown down the gauntlet in its legal fight against Apple, obtaining the services of Terry Gross, a specialist in Internet law and formerly the first counsel to the Electronic Frontier Foundation. Gross's San Francisco-based public interest law firm will defend dePlume Organization LLC -- Think Secret's parent company-- against allegations that it revealed "trade secrets" in its news reporting.

In the days leading up to this month's Macworld, things were as they typically are prior to any major Apple release event: Apple donned its ever-present veil of secrecy and remained silent.

But Nick dePlume and Think Secret were busy reporting that Apple was gearing up to announce a new flash memory based iPod and a new productivity suite code-named Sugar.

Think Secret's hunches proved to be true; Apple unveiled the iPod shuffle and iWork '05 suite at Macworld.

On the eve of Macworld, Apple filed suit against Think Secret and several unknown informants for revealing what Apple has referred to as "trade secrets." Just weeks before, Apple brought legal action in another intellectual property suit against two individuals for allegedly distributing pre-release copies of the next version of Mac OS X, known as "Tiger."

"Apple's attempt to silence a small publication's news reporting presents a troubling affront to the protections of the First Amendment," said Nick dePlume, who's real name is Nicholas M. Ciarelli. "I'm grateful that Mr. Gross has stepped forward to help defend these crucial freedoms."

Ciarelli is Think Secret's publisher and editor in chief. Ciarelli began Think Secret at age 13 and is now a student at Harvard University.

Ciarelli's counsel, Terry Gross, is petitioning the Court to dismiss the case on the basis that it is "meritless" and threatens the first amendment. Gross contends that Think Secret obtained the information lawfully and did not engage in any improper journalistic techniques. The United States Supreme Court has ruled that journalists cannot be held liable for information that was obtained lawfully.

An Apple spokesperson did not return requests for comment by press time.

Comments

View comments by with a score of at least

We all know Windows is WAY better! ;)

Score: 0

|

Look at all MAC users flaming you! Watch out!

Score: 0

|

Latest Firefox 3.6 beta fixes 133 bugs, promises faster page load times

A once-sluggish beta testing process has kicked into overdrive, with astonishing success at finding serious bugs. Will Mozilla be able to fix all the others in time?

Apple invokes DMCA, claims Psystar is 'trafficking in circumvention devices'

In trying to close the book on possibly the last attempt at a Mac clone, Apple cites from its own landmark case...but may actually be misinterpreting it.

The fallacy of Facebook privacy

Carmi Levy | Wide Angle Zoom: If an insurance company learns something interesting about its client through the Internet, is that snooping?

Microsoft 'worked with Apple' for Silverlight on iPhone, says Goldfarb

By not making such a big deal out of trying to stream video to the iPhone, Microsoft got a big deal out of it, revealed the Silverlight product manager.

Confirmed: Office 2010 to ship in June

Two weeks after Microsoft had been expected to draw a clearer roadmap for its principal applications suite, it's finally ready to commit to the end of H1.

New EU antitrust commissioner will oversee Microsoft, Oracle+Sun, Intel issues

As one of Europe's most prominent politicians shifts positions in January, her replacement remains a question mark over technology's biggest issues.

Without its own 'iTablet' yet, is Apple missing the boat?

Steve Jobs is on record as dissing "single-purpose" devices like e-readers. But given their recent popularity, was that a mistake?

Not-so-mobile battery life: Time to force the issue

Carmi Levy | Wide Angle Zoom: If power efficiency is important when you buy a car or even a motorcycle, why shouldn't it matter for a smartphone?

Clicker.com cuts through the Web video chaos

In a world where homemade video and Hollywood movies travel the same pipeline, it's good to have a real search engine to cut through the clutter.

Microsoft's Ray Ozzie: 'Nobody's going to be 100% open'

The mobile apps ecosystems of the world may converge over time, led by apps being ported over across platforms, according to the Chief Software Architect.

A case study in improving software: What Office 2010 can learn from Notion 3

A music composition product gambles with a complete overhaul, in an effort to make headway against two well-known competitors in a tough market.